It is illegal to provide an employee with less notice and severance than that required by the ESA, even if the parties have agreed that the employee will a lesser
amount upon termination.
Not exact matches
Ultimately, this option will ensure that
upon contract
termination users will receive the
amount of ETH relative to the value of the USD that was initially deposited.
Upon termination of this Agreement, all rights granted to you under this Agreement will cease immediately, and you agree that you will: (a) immediately discontinue use of any applicable Juicy Juice Websites; and (b) as applicable, pay any
amounts owed to Juicy Juice in full within thirty (30) days from the date of such
termination.
Upon termination of employment, the employee's final compensation shall be adjusted in an
amount necessary to ensure that sick leave with compensation does not exceed the days of earned sick leave as provided herein.
Subject to the exception in Section 8.3 below,
upon Termination of the Agreement, We will refund
amounts paid by You for Publishing Packages or individual Services («Refund») as follows: Revised: 8/5/2015 (a) Publishing Packages.
Upon such
termination, the lessor may recover from the lessee: (1) The worth at the time of award of the unpaid rent which had been earned at the time of
termination; (2) The worth at the time of award of the
amount by which the unpaid rent which would have been earned after
termination until the time of award exceeds the
amount of such rental loss that the lessee proves could have been reasonably avoided; (3) Subject to subdivision (c), the worth at the time of award of the
amount by which the unpaid rent for the balance of the term after the time of award exceeds the
amount of such rental loss that the lessee proves could be reasonably avoided; and (4) Any other
amount necessary to compensate the lessor for all the detriment proximately caused by the lessee's failure to perform his obligations under the lease or which in the ordinary course of things would be likely to result therefrom.
Your refund will be equal to the payments that you have made, less any previous refunds, and a fee of up to $ 50 per plan or 50 % of the
amount paid to the board, whichever is less, may be assessed
upon termination of the plan.
The margin
amount will be returned to the fund
upon termination of the futures contracts assuming all contractual obligations are satisfied.
Resident's failure to timely vacate
upon any such
termination shall be a default under the lease and monthly rent shall be calculated at the full Lease
amount in assessing any damages or costs.
A contract is a contract and, as expressed by Chief Justice Winkler on behalf of a unanimous court, «From a practical perspective, it is worth repeating that if parties to an employment agreement specifying a fixed
amount of damages intend for mitigation to apply
upon termination without cause, they must express that intention in clear and specific language in the contract.»
In a decision released in June this year, Bowes v. Goss Power Products Ltd. (2012 ONCA 424), the Ontario Court of Appeal considered the application of this principle of mitigation where an employment contract provided a fixed
amount of severance
upon termination.
The best way for employers to protect against unanticipated notice liability related to
terminations of short service employees is through the preparation and execution of employment agreements which contemplate the
amount of notice that the employee will receive
upon termination.
In order to provide a greater level of certainty, federal employers should consider including language in their written employment agreements that limits the
amount of notice and severance the employee is entitled to
upon termination of employment, but ensuring that this language provides for at least the minimum
amounts required by the Code.
Employees can actually contract out of ability to claim inducement if there is a valid contract stating the
amount of notice
upon termination.
A failure to draft prudently may result in the employer being found liable for common law reasonable notice requirements instead of the agreed
upon amount in the
termination clause.
Employers who desire to require former employees to mitigate their damages and thereby potentially reduce the
amount to which employees are entitled
upon dismissal must ensure that the employment agreement expressly states that the
termination entitlement is subject to the duty to mitigate.
Employers sometimes ask me — what is the maximum
amount of notice we need to give long - standing employees
upon termination?
If the latter, what
amount of notice were the Keenans entitled to receive
upon termination of the relationship?
Employment contracts often contain clauses limiting an employee's entitlement
upon termination to the minimum entitlements under the Employment Standards Act or any other
amount the employer and employee have agreed to.
... Rising interest rates — With the rate guaranteed on new contributions of 8.0 %, the MVA would equal - $ 7,658 and the
amount paid
upon termination would be $ 119,970.